Conducting marriage contract by telephone
Dear Brothers & Sisters,As-Salaamu-Alaikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
I want to get married to a girl but her father is in another country, and at present I cannot travel there for us to be all together, because of financial and other circumstances. I am also in a foreign country. Is it permissible for me to phone her father so that he can say, “I offer you my daughter So and so in marriage,” and I can say, “I accept,” with the consent of the girl and in the presence of two Muslim witnesses who are listening to what he and I say by means of speakers attached to the phone? Would this be considered as a valid marriage contract according to sharee’ah?
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Praise be to Allaah.
I put this question to our Shaykh al-Mufti al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, who replied that if what is described is genuine (and there is no cheating involved), then it achieves the purpose of meeting the shar'i conditions of nikaah and the marriage contract is valid. And Allaah knows best.
Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
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